Skip to document content Skip to main menu Skip to search

HC: Land Division (Uganda)

The Land Division is a Division created at the High Court Head office at Kampala.

The Division is charged with the following functions:Responsibility of supervising the work of Land Tribunals, the adjudication of all land related dispute fall under this Division. The land Division is established with three judges with a separate registry for the Division .There is a Registrar for the Land Division who doubles as the Registrar of the Land Tribunals. A desk office was also established under the office of the Registrar to handle the activities of the District Land Tribunals.

 

Physical address
Twed Towers, along Kafu Road, Nakasero, Kampala.
Visit website
https://judiciary.go.ug/data/smenu/16/Land%20Division.html
6 judgments
Advanced search
All years
Filters
  • Filters
  • Judges
  • Alphabet
Sort by:
6 judgments
Citation
Judgment date
January 2013
Nyakana & Anor v Nsubuga & Anor (M.A No.729 of 2012 2007) [2013] UGHCLD 6 (31 January 2013)
Applicant failed to prove contempt warranting civil committal; joinder rejected due to advanced trial stage and pending related suit.
Civil procedure – injunctions and contempt – discretion to commit to civil prison for breach of injunction – requirement of clear, flagrant disobedience and consideration of alternatives; joinder and consolidation – refusal to add party at advanced trial stage where separate suit pending and joinder would require rehearing.
 31 January 2013
Madhvani Group Ltd v Simbwa & Ors (Ma No. 1160 of 2012) [2013] UGHCLD 5 (25 January 2013)
Court granted temporary injunction after deeming respondents' failure to reply as admission and dismissing cross‑examination.
Civil procedure – interlocutory injunction – prima facie case, balance of convenience and irreparable harm; non‑filing of affidavit in reply deemed admission of facts; cross‑examination disallowed where facts are deemed admitted; enforcement of interim consent orders.
 25 January 2013
Busikwa v Katinti (M.A No.278 of 2012) [2013] UGHCLD 3 (24 January 2013)
Temporary injunction granted to preserve occupier’s possession of disputed land pending trial.
Land law – interlocutory relief – temporary injunction to preserve status quo pending trial – prima facie case, irreparable injury and balance of convenience required (Order 41 CPR).
 24 January 2013
Gahiji v Saava Kikonyogo & Anor (M.A No.802 of 2012) [2013] UGHCLD 4 (24 January 2013)
Temporary injunction over estate land requires status quo, prima facie case and irreparable harm; a caveat can render it futile.
* Civil procedure – Temporary injunctions – requirements: pending suit, status quo, prima facie case, irreparable injury; balance of convenience.* Land/estate administration – transfers to beneficiaries of deceased estate may overtake applications to restrain disposition.* Caveat – effect in preserving land pending litigation; may render interlocutory injunction superfluous.* Interlocutory relief – court will not determine merits but will protect actual state of affairs prior to suit.
 24 January 2013
Kasirye v Semwogerere & Anor (Civil Suit N0. 186 of 2009) [2013] UGHCLD 2 (22 January 2013)
Plaintiff’s title to plot 995 was fraudulently created; no valid interest exists and the defendants’ registered rights stand, suit dismissed with costs.
* Land law – Registration of titles – Impeachment of registered title for actual fraud; burden on claimant to prove lawful registration. * Land law – Survey and subdivision disputes – where alleged title was fraudulently created, alleged encroachment becomes academic. * Leases – registered leasehold interest acquired in good faith for value remains valid despite competing fraudulent registrations. * Transfers – transfers lacking required authority, instruments or consideration may be invalidated. * Remedies – cancellation of fraudulent title and dismissal of ejectment claim; quantification of extracted minerals unnecessary when claimant has no title.
 22 January 2013
Patel v Commissioner Land Registration & Ors (HCCS NO. 87 O 2009) [2013] UGHCLD 1 (21 January 2013)
Commissioner’s cancellation of registered titles without jurisdiction or proper section 91 procedure invalid; bona fide purchaser reinstated with damages.
Land law – Registration – Scope and limits of section 91 Land Act – cancellation and correction of register; Procedural fairness – notice and hearing under section 91; Fraud allegations – necessity of pleading and adjudicating fraud in court; Indefeasibility – protection of bona fide purchasers for value without notice; Remedies – reinstatement, delivery of title, damages, costs, interest.
 21 January 2013